AboutShannon Moore, TradeMark Express Expertise I am able to answer the following types of questions: general trademark, general common-law, business start-up, research, name research, name creation, business name research, company name research, general copyright questions
Can not answer: Cannot & will not dispense legal advice; however, I am able to refer people to intellectual property attorneys who can assist with any legal questions
Experience Since 1992, TradeMark Express has offered their clients expert consultations, comprehensive research and expert analysis of complex trade name searches. If a trademark attorney is needed, we provide a free referral. TradeMark Express follows through with preparing AND filing trademark applications for the USPTO and Canada. We will also prepare applications for all 50 States. Since 1994, Shannon Moore has acted as General Manager, overseeing day-to-day operations and assisting clients with all of their trademark needs.
Question QUESTION: Hi Shannon. I don't understand this:
("The continued existence of the subject registration casts a cloud upon Petitioner's own
right to continue to use, develop and expand the use of the mark FRICKIN' in the United States.
Such registration would thus be a source of damage and injury to the Petitioner.") ("Wherefore, Petitioner prays that Reg. No. 2724311 be cancelled, and that this Petition for
Cancellation be sustained in favor of Petitioner")
I don't know what to do about my trademark. It was going to expire this year (unless I renew it), now someone is trying to petition it for cancellation. I've had it for 6 years, and thought it was to late for someone to do that. I have about 30 days left to answer. Please look up FRICKENCHICKEN on upsto.gov TESS for details on this.
I'm not sure what they want me to do. Are they just trying to cheat me out of my trademark? Thanks, David.
ANSWER: Dear David,
Essentially what Fricker's Progressive Concepts Inc. is claiming here is that the existence of your mark is damaging to their brand as a whole. They are citing numerous registrations (Fricker's, Frickin') but they do have a FRICKIN' CHICKEN (http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=74377656).
If you're still wanting to keep this mark, I'd strongly suggest contacting a trademark attorney. Oppositions are complicated & I definitely recommend getting some help.
I'm not an attorney but to me "Entertainment services, namely, providing on-line interactive computer games and entertainment information" are wildly different from "chicken sandwiches for consumption on or off the premises."
QUESTION: Thanks Shannon!
If I don't oppose this, could they sue me for my website?
If I offered to sell them my trademark and domain name. Would that be a bad idea?
I haven't profited from my trademark so I didn't think I could sign the affidavit to renew, and can't afford the fee.
Thanks again,
David.
Answer Dear David,
I'd recommend asking a trademark attorney these questions. It's best to find out before you do something if it's okay or not. My apologies that I cannot answer your questions directly but I'm not an attorney & you're really needing specialized trademark legal advice.
If you'd like a trademark attorney referral, please let me know. Hope that helps! Please let me know if I can assist you any further!
